United States · United States Congress · 12 February 1997
Constitutional Amendment - Prohibits the election of any person to a full term as a Senator more than twice or to a full term as a Representative more than three times. Bars any person who has been: (1) a Senator for more than three years of a term to which another person was elected from being subsequently elected more than once; and (2) a Representative for more than a year of a term to which another person was elected from being subsequently elected more than twice.
United States · United States Congress · 11 February 1997
TABLE OF CONTENTS: Title I: Commemorative Coins Title II: Circulating Coins Thomas Alva Edison Sesquicentennial Commemorative Coin Act - Title I: Commemorative Coins - Directs the Secretary of the Treasury to mint one-dollar silver coins emblematic of the inventions of Thomas Alva Edison in commemoration of the sesquicentennial of his birth. Directs the Secretary to conduct an open design competition for the design of the obverse and reverse of the coins. Terminates the authority to mint such coins after December 31, 1997. Requires that certain surcharges received from coin sales be distributed to specified entities. Title II: Circulating Coins - Amends Federal law to declare that half-dollar coins minted between specified dates shall have the same design as the commemorative coins minted under this Act.
United States · United States Congress · 5 February 1997
Military Voting Rights Act of 1997 - Amends the Soldiers' and Sailors' Civil Relief Act of 1940 to require that a person who is absent from a State in compliance with military or naval orders shall not, solely by reason of that absence, for purposes of voting for an office of the United States or of a State, be deemed to have: (1) lost a residence or domicile in that State; (2) acquired a residence or domicile in any other State; or (3) become resident in or a resident of any other State. Amends the Uniformed and Overseas Absentee Voting Act to require States, with respect to elections for State and local offices, to permit absentee voting by uniformed services members.
United States · United States Congress · 4 February 1997
Amends the Controlled Substances Act to decrease (from five kilograms to one kilogram, and from 500 to 100 grams) the amounts of a mixture or substance containing a detectable amount of coca leaves, cocaine, ecgonine, or compounds thereof (cocaine powder) the manufacture, distribution, or possession of which is punishable by specified penalties under the Act. Directs the U.S. Sentencing Commission to promulgate or amend guidelines to reflect the amendment made by this Act.
United States · United States Congress · 4 February 1997
Expresses the sense of the Senate that studies are needed to further determine the benefits of screening women between the ages of 40 and 49 through mammography and other emerging technologies and that the Senate urges the Advisory Panel for the National Cancer Institute to consider reissuing a specified guideline rescinded in 1993 and, until there is more definitive data, direct the public to consider guidelines issued by other organizations.
United States · United States Congress · 28 January 1997
Amends Federal provisions concerning the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to direct the Secretary of Defense and the Director of the Office of Personnel Management (OPM) to enter into an agreement under which covered CHAMPUS beneficiaries who are also entitled to hospital insurance benefits under Part A of title XVIII (Medicare) of the Social Security Act will be permitted to enroll in a health benefits plan offered through the Federal Employees Health Benefits program in lieu of receiving care under CHAMPUS or the TRICARE program. Outlines provisions concerning: (1) required contributions for such coverage; and (2) the management of participants in the plan. Requires: (1) the Secretary to begin to offer such health benefits option no later than January 1, 1998; and (2) the Secretary and the OPM Director to report annually to the Congress describing the provision of health care services to covered beneficiaries under the plan during the preceding fiscal year.
United States · United States Congress · 22 January 1997
Voluntary School Prayer Protection Act - Prohibits the provision of Department of Education funds to any State or local educational agency which has a policy of denying, or effectively prevents participation in, constitutionally-protected prayer in public schools by individuals on a voluntary basis.
United States · United States Congress · 22 January 1997
Family Farm Alternative Minimum Tax Relief Act of 1997 - Amends the Internal Revenue Code to make the alternative minimum tax inapplicable to specified farm property installment sales.
United States · United States Congress · 21 January 1997
TABLE OF CONTENTS: Title I: Juvenile Justice Reform Title II: Juvenile Gangs Title III: Juvenile Crime Control and Accountability Violent and Repeat Juvenile Offender Act of 1997 - Title I: Juvenile Justice Reform - Repeals code provisions regarding surrender of juveniles to State authorities by Federal authorities. (Sec. 102) Requires that a juvenile age 14 or older who is alleged to have committed an act that, if committed by an adult, would be a criminal offense, be tried as an adult at the discretion of the U.S. Attorney in the appropriate jurisdiction upon a finding, which shall not be subject to court review, that there is a substantial Federal interest in the case or the offense to warrant the exercise of Federal jurisdiction, if the juvenile is charged with a Federal offense that is a crime of violence or that involves a controlled substance for which the penalty is at least five years' imprisonment. Permits the U.S. Attorney, upon declining prosecution of the charged person as a juvenile, to refer the matter to the appropriate legal authorities of the State or Indian tribe. Directs that offenses tried in U.S. district court under this Act be open to the public, with exceptions (but makes the defendant's status as a juvenile, absent other factors, insufficient to close the proceeding). Grants the U.S. Attorney, in making determinations concerning juvenile prosecution, complete access to prior Federal juvenile records and, to the extent permitted by State law, prior State juvenile records. (Sec. 103) Lowers the minimum age at which a defendant may be sentenced to death from age 18 to 16. (Sec. 106) Subjects a juvenile tried as an adult to code provisions regarding detention, speedy trial, and restitution applicable to adults. Specifies that no juvenile sentenced to a term of imprisonment shall be released from custody simply because the juvenile reaches age 18. (Sec. 109) Authorizes the release of juvenile records to meet inquiries from any school or other educational institution to ensure public safety and security. (Sec. 110) Requires the Director of the Bureau of Prisons to ensure that juveniles who are alleged or determined to be delinquent are not confined in any institution in which the juvenile has regular sustained physical contact with adult persons who are detained or confined. (Sec. 111) Applies to juvenile defendants tried as adults provisions directing the Commission, under specified circumstances, to assure that the Federal sentencing guidelines specify a sentence to a term of imprisonment at or near the maximum term authorized. Title II: Juvenile Gangs - Federal Gang Violence Act - Directs the Commission to amend the sentencing guidelines to provide an appropriate enhancement, increasing the offense level by not less than six levels, for any offense committed in connection with, or in furtherance of, the activities of a criminal street gang where the defendant was a member of such gang at the time of the offense. (Sec. 203) Amends code provisions regarding criminal street gangs to: (1) delete the definition of "conviction"; (2) redefine "criminal street gang" to cover a group whose members have engaged during the previous five-year period in a pattern of criminal gang activity; and (3) define "pattern of criminal gang activity" to mean the commission of two or more predicate gang crimes in connection with the activities of a criminal street gang, on separate occasions, at least one of which crimes was committed after the date of this title's enactment and the first of which was committed not more than five years before the commission of another predicate gang crime. Defines "predicate gang crime" as an offense, including an act of juvenile delinquency that, if committed by an adult, would be: (1) a Federal offense that is a crime of violence, that involves a controlled substance for which the penalty is at least five years' imprisonment, or that is a violation of other specified prohibitions under the code or under the Immigration and Nationality Act; (2) a State offense involving conduct that would constitute such an offense if Federal jurisdiction existed or had been exercised; or (3) a conspiracy, attempt, or solicitation to commit such offenses. Sets penalties for engaging in a pattern of criminal gang activity. (Sec. 204) Amends the Travel Act to increase: (1) penalties for violations; and (2) the scope of unlawful activities under such Act. (Sec. 205) Prohibits and sets penalties for soliciting or recruiting persons to participate in criminal street gang activity. (Sec. 206) Makes: (1) crimes involving the recruitment of persons to participate in criminal street gangs, and acts or conspiracies to violate firearms laws, predicate offenses under the Racketeer Influenced and Corrupt Organizations Act; and (2) serious juvenile drug offenses predicate offenses under the Armed Career Criminal Act. Increases penalties for firearms prohibitions, including by setting a three-year minimum term of imprisonment for transferring firearms to minors for use in crime. (Sec. 208) Directs the Commission to amend the sentencing guidelines to provide an appropriate sentencing enhancement, increasing the offense level not less than two levels, for any crime in which the defendant used body armor. (Sec. 209) Authorizes appropriations to hire Assistant U.S. Attorneys and attorneys in criminal division of the Department of Justice to prosecute juvenile criminal street gangs. Title III: Juvenile Crime Control and Accountability - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) to direct the Administrator of the Office of Juvenile Crime Control and Accountability (replacing the Office of Juvenile Justice and Delinquency Prevention) to develop objectives, priorities, and short- and long-term plans, and implement overall policy and a strategy to carry out such plan, for all Federal juvenile crime control and juvenile offender accountability programs and activities relating to improving juvenile crime control and enhancing accountability by offenders within the juvenile justice system. Sets forth provisions regarding plan contents, annual reviews of plans, duties of the Administrator, budget proposal development and submission, reporting, reprogramming, and recordkeeping requirements, utilization of information, services, and facilities of other agencies, coordination of functions, and annual juvenile delinquency development statements. Directs the Administrator to make grants to States to assist them in planning, establishing, operating, coordinating, and evaluating: (1) projects for the development of more effective investigation, prosecution, and punishment of crimes or acts of delinquency committed by juveniles; (2) programs to improve the administration of justice for and ensure accountability by juvenile offenders; and (3) programs to reduce the risk factors associated with juvenile crime or delinquency. Sets forth provisions regarding: (1) use of grant funds, eligibility requirements, distribution of sums by State offices to eligible applicants, applications to State offices, funding period, grant renewal, and special grants; and (2) allocation of grant amounts. Prohibits reallocation of sums due to the ineligibility or nonparticipation of any State. Limits the use of grant funds, including a prohibition against the use of such funds for: (1) biomedical or behavior control experimentation on individuals or research involving such experimentation; (2) construction, with exceptions; (3) job training; (4) specified lobbying activities; (5) and specified legal actions. Prohibits the Federal Government and States receiving funds from discriminating against religious organizations under specified circumstances. Sets penalties for violating prohibitions under this title. Authorizes appropriations. Allocates funds. Requires States, to receive formula grants, to submit plans which meet specified requirements, such as designation of a State agency as the sole agency for supervising the preparation and administration of the plan, and providing for an analysis of juvenile crime problems and juvenile justice and delinquency prevention needs within the relevant jurisdiction. Sets forth provisions regarding approval of State plans by the State agency and by the Administrator, and reduction of allocations if a State fails to comply with requirements of this title. (Sec. 303) Amends the JJDPA to: (1) reauthorize appropriations for runaway and homeless youth and missing children programs; and (2) repeal provisions regarding incentive grants for local delinquency prevention programs. (Sec. 307) Repeals: (1) specified provisions of titles III (Crime Prevention), V (Drug Courts), and XXVII (Presidential Summit on Violence and National Commission on Crime Prevention and Control) of Violent Crime Control and Law Enforcement Act of 1994; (2) the Safe and Drug-Free Schools and Communities Act of 1994; (3) the School Dropout Assistance Act; (4) specified provisions of the Public Health Service Act providing for grants to public and nonprofit private entities for projects to demonstrate effective models for the prevention, treatment, and rehabilitation of drug abuse and alcohol abuse among high risk youth; (5) specified programs under the Human Services Reauthorization Act and the Community Services Block Grants Act; and (6) specified provisions of Anti-Drug Abuse Act of 1988 concerning the drug abuse education and prevention program relating to youth gangs and the program for runaway and homeless youth. (Sec. 308) Requires each State to reserve not more than 30 (currently, 15) percent of the amount of funds allocated in a fiscal year for counties and units of local government to construct, develop, expand, modify, or improve jails and other correctional facilities. (Sec. 309) Requires that a surcharge of 40 percent of the principal amount of a civil monetary penalty be added to each monetary penalty assessed by the United States or any agency thereof at the time the penalty is assessed, except for penalties assessed under the Internal Revenue Code, to be used for Federal programs to combat youth violence.
United States · United States Congress · 21 January 1997
TABLE OF CONTENTS: Title I: Brownfields Revitalization Title II: State Role Title III: Community Participation Title IV: Selection of Remedial Actions Title V: Liability Title VI: Federal Facilities Title VII: Natural Resource Damages Title VIII: Miscellaneous Title IX: Funding Subtitle A (sic): General Provisions Superfund Cleanup Acceleration Act of 1997 - Title I: Brownfields Revitalization - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to direct the Administrator of the Environmental Protection Agency (EPA) to establish programs to provide grants to eligible entities (including local government units, redevelopment agencies, and Indian tribes) for site characterization and assessment of, and capitalization of loan funds for response actions at, brownfield facilities. Defines a "brownfield facility," with exceptions, as a parcel of land that contains an abandoned, idled, or underused commercial or industrial facility, the expansion or redevelopment of which is complicated by the presence or potential presence of a hazardous substance. Makes amounts in the Hazardous Substance Superfund (the Fund) available to carry out the grant programs. (Sec. 102) Adds CERCLA provisions requiring the Administrator to provide technical and other assistance to States to establish and expand qualifying State voluntary response programs, comprised of elements including public participation opportunities, oversight and enforcement authorities, and certification mechanisms. (Sec. 103) Restricts authority to take enforcement actions under CERCLA in cases of hazardous substance releases subject to a State remedial action plan. (Sec. 104) Adds CERCLA provisions governing owner-operator status of persons owning or operating property contiguous to a release site. (Sec. 105) Absolves from liability for response actions bona fide prospective purchasers to the extent liability at a facility for a release or threat thereof is based solely on ownership or operation of a facility. Gives a lien upon a facility to the United States for unrecovered response costs in any case in which there are such unrecovered costs for which the owner is not liable by reason of this Act and the facility's fair market value has increased above that which existed 180 days before the action was taken. (Sec. 106) Deems a person, with respect to defenses to liability of an owner of after-acquired property, to have undertaken appropriate inquiry into the property's previous ownership and uses if the person establishes that inquiries were undertaken in accordance with specified requirements (compliance with an American Society for Testing and Materials standard or with standards issued by the Administrator). Deems the appropriate inquiry requirements to be satisfied by a site inspection and title search that reveal no basis for further investigation in the case of property for residential or similar use purchased by a nongovernmental or noncommercial entity. Lists factors for consideration in issuance of interim standards by the Administrator. Title II: State Role - Adds CERCLA provisions requiring the Administrator, upon application by a State, to delegate authority to perform functions in the following categories with respect to one or more non-Federal National Priorities List (NPL) facilities in the State: (1) technical investigations, evaluations, and risk analyses; (2) alternatives development and remedy selection; (3) remedial design; (4) remedial action and operation and maintenance; and (5) information collection and liability allocation. Prescribes application and performance procedures. Provides for the removal of delegated facilities from the NPL and recovery and deposit of response costs. Allows withdrawal of delegated authority. Directs the Administrator to provide grants to States to carry out delegated functions. Title III: Community Participation - Directs the Administrator to establish Community Response Organizations to solicit views of, and communicate on behalf of, the community on issues affecting remedial action plans. Authorizes technical assistance grants to citizen groups of two or more individuals who may be affected by the release or threatened release of a hazardous substance, pollutant, or contaminant at a facility on the State Registry or the NPL. Title IV: Selection of Remedial Actions - Revises remedial action selection and implementation procedures to require the Administrator to select a cost-effective action that complies with applicable Federal and State standards and that achieves the goals of protecting human health and the environment if: (1) with respect to human health, considering expected exposures associated with actual or future use of the land and water resources, and on the basis of a facility-specific risk evaluation (described in this Act), the action achieves a specified residual health risk of hazardous substance exposure; (2) with respect to the environment, the action protects the sustainability of ecosystems and does not pose a greater threat than a release; and (3) the action achieves certain groundwater protection standards. Permits waiver of compliance with Federal or State standards for reasons including improper identification of standards, technical impracticability, and immediacy of other threats. Permits waiver of prescribed remedy selection criteria if the achievement of the human health and environmental protection goals is technically impracticable. Prescribes groundwater protection criteria applicable to cost effective remedial action plans, considering actual or future use of the resource and attenuation or biodegradation that would otherwise occur. (Sec. 403) Adds provisions regarding the use and requirements of facility-specific risk evaluations. Requires the Administrator to issue regulations that: (1) promote a realistic characterization of risk that neither minimizes nor exaggerates the risks and potential risks posed by a facility or a proposed remedial action; and (2) establish presumptive remedial actions for commonly encountered types of facilities with reasonably well understood contamination and exposure problems. (Sec. 404) Establishes procedures, in lieu of those under any other law, for conducting remedial investigations, feasibility studies, records of decisions, remedial designs, and remedial actions. (Sec. 405) Prescribes procedures and time frames for final EPA notice of completion of remedial action and de-listing of a facility. Provides for release from further liability for facilities available for unrestricted use. Requires five-year reviews by EPA of facilities not available for unrestricted use. (Sec. 406) Sets forth transition rules applicable to facilities involved in remedy selection on the date of enactment of this Act. (Sec. 407) Revises the National Contingency Plan to prohibit the Administrator, when listing a site on the NPL, from including property at which no release has occurred but to which a contaminant had migrated in groundwater. States exceptions. Title V: Liability - Creates exceptions and limitations to liability for response costs at NPL-listed facilities for: (1) arrangements for disposal or treatment of municipal solid waste or sewage sludge; (2) certain de minimis contributors; (3) small businesses; and (4) codisposal landfills (certain municipal solid waste or sewage sludge landfills that may have received hazardous waste and that contain in substantial proportion municipal solid waste or sewage sludge transported from outside the facility). (Sec. 502) Permits contribution from the Fund of response costs to persons who are subject to abatement orders or have entered into settlement decrees but are not liable for such costs by reason of an exception or limitation. (Sec. 503) Adds provisions to effect the allocation of liability for response costs at multiparty facilities. Differentiates mandatory, requested, and permissive allocations. Prescribes allocation procedures, including effect on litigation and enforcement, time frames, consideration of equitable factors, orphan shares, and information gathering. (Sec. 504) Excludes response action contractors from the definition of "owner or operator." Revises the national uniform negligence standards. Revises procedures governing EPA decisions to indemnify response action contractors. Limits actions against response action contractors. (Sec. 505) Requires nonconfidential CERCLA records and reports to be released within 14 days after the information is obtained. (Current law states no time frame for public disclosure.) Requires abatement orders and settlement agreement notices to contain information concerning the evidence of the presence of each element of liability for response costs. (Sec. 506) Absolves persons who have reached a settlement with the United States or a State from liability for claims for cost recovery (in addition to contribution, as under current law). (Sec. 507) Adds provisions to include tax-exempt religious, charitable, scientific, and educational organizations as owner-operators and limits the liability of such organizations with respect to facilities received as charitable gifts. (Sec. 508) Revises liability for acts of third parties in contractual arrangements for rail transportation. (Sec. 509) Adds provisions limiting the liability of railroad owners or operators of spur track. (Sec. 510) Adds provisions limiting the liability of recyclers. Title VI: Federal Facilities - Revises provisions governing the transfer of CERCLA authorities vested in the Administrator to allow States to apply to exercise such authorities at any NPL-listed Federal facility located in the State. Prescribes procedures governing such transfers. (Sec. 602) Absolves U.S. officers, employees, or agents for failure to comply with a requirement to take a response action at a Federal facility under CERCLA, the Solid Waste Disposal Act, or any other Federal or State law unless: (1) such person has not fully performed any direct or delegated responsibility to ensure inclusion in the President's budget request of sufficient response action funds; or (2) appropriated funds were available for such purpose. (Sec. 603) Allows the President to designate NPL-listed or -proposed Federal facilities to facilitate the development of innovative technologies for remedial action. Requires a report to the Congress. Title VII: Natural Resource Damages - Adds requirements that sums recovered by an Indian tribe for natural resources damages be used only for restoration, replacement, or acquisition of the equivalent natural resources and that all such replacements (whether by the United States, a State, or a tribe) meet certain technological feasibility and reasonable cost standards. Imposes restrictions on the measure of damages to limit liability, including one for reasonable costs. (Sec. 702) Eliminates the damage assessment rebuttable presumption and prescribes revised procedures for natural resource injury and restoration assessment. Revises procedures for the issuance, and the required contents, of regulations regarding damage assessments. (Sec. 703) Requires, when both response actions and restoration measures are implemented at the same facility, that they be consistent with each other and carried out in a coordinated manner. Requires the Administrator, when evaluating and selecting remedial actions, to consider potential natural resources injuries resulting from the actions. (Sec. 704) Allows a court, in resolving contribution claims, to allocate natural resource damages (in addition to response costs, as under current law) among liable parties. Title VIII: Miscellaneous - Requires the National Contingency Plan to include procedures for conducting response actions which use a results-oriented approach and which meet certain other timeliness and cost-effectiveness criteria. Requires the Administrator to amend the National Hazardous Substance Response Plan to include these procedures. (Sec. 802) Limits new NPL listings according to a specified schedule, allowing no more than ten annual additions of vessels and facilities after the year 2000. Requires prioritization of, and State concurrence in, additions. (Sec. 803) Amends the criteria for continuance of Fund obligations over a specified amount for response actions to: (1) state that remedial actions are those selected or anticipated at the time of a removal action at a facility; (2) increase the cut-off amount from $2 million to $4 million; and (3) increase the cut-off time period from 12 months to two years. Title IX: Funding - Subtitle A: General Provisions (sic) - Authorizes appropriations from the Fund of $8.5 billion for FY 1998 through 2002. (Sec. 902) Allows payment of orphan shares as a use of the Fund. (Sec. 903) Authorizes funds for Agency for Toxic Substances and Disease Registry activities for FY 1998 through 2002. (Sec. 904) Sets the following annual limitations on amounts available for FY 1998 through 2002: (1) $30 million for alternative or innovative technologies research, development, and demonstration programs; (2) $37 million, increasing $2 million per year through FY 2000, and $43 million for each of FY 2001 and 2002, for hazardous substance research, demonstration, and training; and (3) $5 million for university research centers. (Sec. 905) Authorizes appropriations to the Fund through FY 2002. (Sec. 906) Sets limits on funding of community response organizations. Specifies that collected response cost recoveries will be credited to the Fund as offsetting collections. (Sec. 907) Allows use of the Fund to reimburse potentially responsible parties following the results of an audit showing costs are unallowable or should be adjusted.
United States · United States Congress · 21 January 1997
Nuclear Waste Policy Act of 1997 - Amends the Nuclear Waste Policy Act of 1982 to revise and rename it the Nuclear Waste Policy Act of 1997. Instructs the Secretary of Energy (the Secretary) to: (1) develop and operate an integrated management system for the storage and permanent disposal of spent nuclear fuel and high-level radioactive waste; (2) store spent nuclear fuel and high-level radioactive waste beginning no later than November 30, 1999, at designated facilities pursuant to certain interim storage facility contracts; (3) provide for the transportation of such wastes (using systems and components procured and manufactured in the United States); and (4) engage private sector participation to the greatest extent possible in the implementation of this Act. Shields the United States from any financial liability for the Secretary's failure to meet acceptance or emplacement deadlines under this Act. Establishes an integrated management system for spent nuclear fuel and high-level radioactive waste, including its storage, transportation, and disposal. Sets a deadline for development of the capability to commence rail to truck intermodal transfer from the mainline rail line at Caliente, Nevada, to the interim storage facility site. Directs the Secretary to offer to enter into a prescribed benefits agreement with Lincoln County, Nevada, including a payment schedule. Requires conveyance to such County of specified Federal lands. Prescribes procedural guidelines for the availability beginning by November 30, 1999, of safe transportation for spent nuclear fuel and high-level radioactive waste from sites designated by the contract holders to mainline transportation facilities using routes that minimize transportation through populated areas. Requires development by such date of a comprehensive management plan that ensures safe transportation from sites designated by the contract holders to the interim storage facility site. Prescribes general transportation requirements, including public education programs for States, local governments, and Indian tribes through whose jurisdiction the Secretary plans to transport substantial amounts of spent nuclear fuel or high-level radioactive waste. Requires a transporter of nuclear waste under contract with the Secretary to comply with all governmental and Indian tribal transportation regulations. Instructs the Secretary of Transportation to promulgate employee protection training standards for workers directly involved in nuclear waste transportation, storage, and disposal. Sets forth a phased schedule for the Secretary to begin operating an interim nuclear waste storage facility; but prohibits construction activities before December 31, 1998. Instructs the Secretary to: (1) cease all but termination activities at the Yucca Mountain site if the President determines it is unsuitable for repository development; (2) present a viability assessment of the site to the President and the Congress by a specified deadline; and (3) proceed with all activities necessary to begin acceptance of nuclear waste at another interim storage facility site designated by the President. Precludes construction activities, however, until the site has been approved by law. Prescribes two-tiered design and licensing phases for the site. Instructs the Administrator of the Environmental Protection Agency to issue generally applicable standards for the protection of the public from releases of radioactive materials or radioactivity from the repository. Mandates that the Nuclear Regulatory Commission's (NRC) repository licensing determinations for the protection of the public be based solely upon a finding that the repository can be operated in conformance with an overall system performance standard that incorporates the Administrator's radiation protection standards. Authorizes the Secretary to make grants (including financial and technical assistance) to enable affected Indian tribes or local governmental units to monitor and review the impact of the integrated management system upon residents at the Yucca Mountain site. Directs the Secretary to offer an affected local government unit the opportunity to designate an on-site representative to conduct oversight activities at an interim storage facility or repository site. Provides that acceptance of benefits under this Act by any affected Indian tribe or local government shall not be deemed an expression of consent to the siting of an interim storage facility or repository in Nevada. Instructs the Secretary of the Interior to convey all Federal interest in specified property to Nye County, Nevada. Prescribes contract guidelines for the Secretary to accept title to, and transport, store, and dispose of spent nuclear fuel or high-level radioactive waste. Prescribes a schedule of annual fees payable to the Secretary of Energy for electricity generated by civilian nuclear power reactors, and of a one-time fee for spent nuclear fuel used in such generation. States that payment of the latter one-time fee relieves the payer of further financial obligation to the Federal Government for its long-term storage or permanent disposal of spent fuel or waste derived from spent nuclear fuel used to generate electricity in a civilian power reactor before January 7, 1983. Mandates annual fee reviews, and adjustment proposals to the Congress if appropriate. Continues the Nuclear Waste Fund. Establishes the Office of Civilian Radioactive Waste Management within the Department of Energy, whose Director shall be directly responsible to the Secretary for executing the Secretary's functions under this Act. Directs the Secretary to issue a final rule establishing the appropriate portion of the costs of managing high-level radioactive waste and spent nuclear fuel allocable to the interim storage or permanent disposal of high-level radioactive waste from atomic energy defense activities and spent nuclear fuel from foreign research reactors. Authorizes appropriations. Preempts State and local law in favor of this Act and the Atomic Energy Act. Grants U.S. courts of appeals original and exclusive jurisdiction over civil actions under this Act. Prescribes guidelines for NRC licensing hearings about facility expansions and transshipments. Prohibits the Secretary from conducting site-specific activities for a second repository unless the Congress has specifically authorized and appropriated funds for them. Requires the NRC to promulgate regulatory guidelines for: (1) financial arrangements for low-level radioactive waste site closures; and (2) training and qualification of civilian nuclear powerplant personnel. Delineates an emplacement schedule for contract holders' spent nuclear fuel and high-level radioactive waste. States that the Secretary's acceptance of spent nuclear fuel or high-level radioactive waste constitutes a transfer of title to the Secretary. Authorizes the Secretary to: (1) accept all spent nuclear fuel withdrawn from Dairyland Power Cooperative's La Crosse Reactor; and (2) pay for the on-site storage of such fuel until DOE removes it from the site. Authorizes the Secretary to establish a Decommissioning Pilot Program to decommission and decontaminate the sodium-cooled fast breeder experimental test-site reactor located in northwest Arkansas. Prohibits the use of the Nuclear Waste Fund for such Pilot Program. Declares that nothing in this or any other Federal law shall be construed as a reservation of Federal water or water rights for any purpose arising under this Act. Authorizes the United States to acquire and exercise such rights, subject to certain restrictions. Continues the Nuclear Waste Technical Review Board. Authorizes appropriations. Directs the Secretary to take necessary action to improve the management of the civilian radioactive waste management program to ensure to the maximum extent its operation like a private business. Directs the Secretary to: (1) create a value engineering function within the Office of Civilian Radioactive Waste Management; and (2) employ, on an on-going basis, integrated performance modeling regarding site characterization. Declares that this Act shall become effective one day after enactment.
United States · United States Congress · 21 January 1997
Family Friendly Workplace Act - Amends the Fair Labor Standards Act of 1938 to provide for: (1) time-and-a-half compensatory time off; (2) biweekly work programs (allowing more than 40 hours of work in one week and correspondingly less in the other); and (3) flexible credit hour programs (thus providing private sector employees opportunities under such programs similar to those of Federal employees). Amends the exemption from minimum wage and maximum hour requirements for certain executive, administrative, and professional employees and outside salesmen. Prohibits from consideration in determining whether an employee is exempt: (1) the fact that the employee is subject to deductions in compensation for absences from employment of less than a full workday or less than a full pay period; or (2) the payment of overtime compensation or other additions to the compensation of an employee employed on a salary based on hours worked. Allows consideration, in such a determination, of an actual reduction in compensation.
United States · United States Congress · 21 January 1997
Partial-Birth Abortion Ban Act of 1997 - Amends the Federal criminal code to prohibit performing a partial birth abortion in or affecting interstate or foreign commerce, unless it is necessary to save the life of the mother and no other medical procedure would suffice. Defines "partial-birth abortion" as an abortion in which the person performing the procedure partially vaginally delivers a living fetus before killing the infant and completing the delivery. Prescribes penalties. Authorizes the father and, if the mother is under 18 years of age, the maternal grandparents of the fetus to obtain specified relief in a civil action, even if the mother consented to the abortion, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion. Prohibits the prosecution of a woman upon whom a partial-birth abortion is performed for conspiracy to violate this Act or under provisions regarding punishment as a principal or an accessory or for concealment of a felony.
United States · United States Congress · 21 January 1997
Invest More in America Act - Amends the Internal Revenue Code to increase the dollar limitation on the cost of property which may be expensed by businesses as depreciable assets.
United States · United States Congress · 21 January 1997
Social Security and Medicare Trust Funds Protection Act of 1997 - Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVIII (Medicare) of the Social Security Act to prohibit the use of the trust funds supporting such programs for certain official time expenditures for employees of the Social Security Administration and the Department of Health and Human Services who are also labor organization representatives.
United States · United States Congress · 21 January 1997
Small Business Investment and Growth Act - Amends the Internal Revenue Code to establish a maximum small business tax rate on taxable small business income for S corporations. Describes such income as taxable income of the taxpayer from the active conduct of an eligible trade or small business. Requires each S corporation to establish a qualified retained earnings account. Allows qualified distributions from such a qualified retained earnings account to the owners to enable the S corporation shareholder to pay income taxes. Requires regulations to establish a presumption that distributions are to pay income taxes if such distributions do not exceed 34 percent of small business income. Provides for an additional tax on nonqualified distributions.
United States · United States Congress · 21 January 1997
Capital Gains Reform Act of 1997 - Amends the Internal Revenue Code to revise rules concerning capital gain for taxpayers other than corporations to establish a new general rule which provides that if for any taxable year a taxpayer other than a corporation has a capital gain, 70 percent of such gain shall be a deduction from gross income. Reduces the alternative capital gain tax for corporations.
United States · United States Congress · 21 January 1997
Extends veterans' benefits to an individual who served as a member of the U.S. merchant marine between August 16, 1945, and December 31, 1946, who, during that period, was licensed or otherwise documented by an officer or employee of the United States authorized to license or document such an individual as a crewmember of a vessel that at the time of service was: (1) operated by the War Shipping Administration or the Office of Defense Transportation, or an agent thereof; (2) operated in waters other than inland waters, the Great Lakes, other lakes, bays, and harbors of the United States; (3) under contract, charter to, or property of, the U.S. Government; and (4) serving the armed forces. Establishes application procedures. Requires the issuance of a certificate of honorable discharge to an individual who performed qualified service. Deems qualified service to be active duty in the armed forces during a period of war for purposes of eligibility for benefits. Sets forth provisions regarding: (1) reimbursement of the Secretary for benefits provided under this Act; and (2) an application processing fee.
United States · United States Congress · 21 January 1997
TABLE OF CONTENTS: Title I: Child Tax Credit Title II: Capital Gains Reform Subtitle A: Taxpayers Other Than Corporations Subtitle B: Corporate Capital Gains Subtitle C: Capital Loss Deduction Allowed with Respect to Sale or Exchange of Principal Residence Title III: Estate and Gift Provisions Title IV: Savings Incentives American Family Tax Relief Act - Title I: Child Tax Credit - Amends the Internal Revenue Code to allow a credit of $500 per child. Reduces such credit incrementally as income increases above threshold amounts. Title II: Capital Gains Reform - Subtitle A: Taxpayers Other Than Corporations - Provides for taxpayers, other than corporations, a deduction of 50 percent of net capital gain. Provides that, in the case of an estate or trust, the deduction shall be computed by excluding the portion of the gains from sales or exchanges of certain capital assets includible in gross income by the income beneficiaries as gain derived from the sale of capital assets. Excludes collectibles gain from the computation of net capital gain. Sets forth a formula for determining the maximum rate on nondeductible capital gain. Allows the deduction in computing adjusted gross income. (Sec. 202) Provides that for taxpayers, other than corporations, the indexed basis of an asset shall be substituted for its adjusted basis in determining gain on the disposition of an indexed asset, if held more than three years. Defines an indexed asset as: (1) common stock in a C corporation; and (2) tangible property which is a capital asset used in a trade or business. Defines the indexed basis as: (1) the adjusted basis of the asset, increased by; (2) the applicable inflation adjustment. Defines applicable inflation adjustment. Suspends treatment of an asset as an indexed asset during any period in which a taxpayer enters into an agreement which substantially reduces the risk of loss of holding the asset. Provides for the treatment of short sales. Permits such substitution, subject to stated exceptions, to any qualified investment entity. Permits stock in a regulated investment company or a real estate investment trust to be an indexed asset as specified. Provides for pass-through in the case of: (1) a partnership to partners; (2) an S corporation to shareholders; and (3) a common trust fund to participants. Makes the provisions of this section inapplicable to a disposition of property between related persons, except to the extent that the basis of such property in the hands of the transferee is a substituted basis. Sets forth rules concerning: (1) improvements; (2) assets which are not indexed assets throughout the holding period; (3) treatment of certain dispositions; (4) acquisition date where there has been a prior application of this section; and (5) collapsible corporations. Applies the provisions of this section to the disposition of property the holding period of which began after December 31, 1996. (Sec. 203) Repeals the minimum tax preference applicable to the sale of certain small business stock. Doubles the amount of assets a qualified small business may have and remain eligible for reduced rates. Repeals the per-issuer limitation on a taxpayer's eligible gain. Requires that certain working capital of a small business must be expended in five (currently, two) years to be treated as actively in business. Subtitle B: Corporate Capital Gains - Provides for a reduction in the alternative capital gains tax for corporations. Subtitle C: Capital Loss Deduction Allowed With Respect to Sale or Exchange of Principal Residence - Treats as a deductible capital loss a loss from the sale or exchange of a principal residence. Title III: Estate and Gift Provisions - Increases, over an eight year period, the unified estate and gift tax credit. (Sec. 302) Establishes estate tax rules for qualified family-owned business interests, if such interests exceed 50 percent of the adjusted gross estate. Excludes, subject to specified requirements, from the value of such an estate the lesser of: (1) the adjusted value of the qualified family-owned business interests of the decedent otherwise includible in the estate, or; (2) the sum of $1.5 million, plus 50 percent of the excess of the adjusted value of such interests over $1.5 million. Subjects such exclusion to recapture, if specified events occur. (Sec. 303) Extends from 10 to 20 years the amount of time permitted to an estate for making installment payments of the estate tax in an estate consisting largely of interest in a closely held business. Revises provisions concerning the payment of interest on such tax to make a certain portion interest-free. Title IV: Savings Incentives - Increases incrementally, through the year 2000, the adjusted gross income phaseout limits for IRA (individual retirement account) contributions. Repeals, after the year 2000, such limits. Permits a spouse who is not an active IRA plan participant to make a deductible IRA contribution of up to $2,000 without regard to such limits. (Sec. 403) Permits an individual to create an IRA Plus Account into which limited nondeductible contributions can be made. Excludes a qualified distribution from gross income. Defines a qualified distribution as any distribution made: (1) after age 59 and one-half; (2) to a beneficiary after the death of the owner of the account; (3) because of disability; or (4) as a qualified special purpose distribution (medical expenses, long-term unemployment, etc.). Prohibits distributions made within five years of establishing (or, of rolling over into) such an account as being treated as qualified distributions. (Sec. 404) Permits tax-free withdrawals from an individual retirement account for: (1) business start-up costs; (2) long-term (more than 12 weeks) unemployment; or (3) higher education expenses of the taxpayer or the taxpayer's spouse or child.
United States · United States Congress · 21 January 1997
Constitutional Amendment - Grants victims of crimes of violence and other crimes that the Congress may define by law the right to: (1) notice of, and to not be excluded from, all public proceedings relating to the crime; (2) be heard, if present, and to submit a statement at a public pre-trial or trial proceeding to determine a release from custody, an acceptance of a negotiated plea, or a sentence (grants such rights at a public parole proceeding, or at a non-public parole proceeding to the extent they are afforded to the convicted offender); (3) notice of a release pursuant to a public or parole proceeding or an escape; (4) a final disposition of the proceedings relating to the crime free from unreasonable delay; (5) an order of restitution from the convicted offender; (6) consideration for the victim's safety in determining any release from custody; and (7) notice of the rights established by this amendment. Grants the victim standing to assert such rights. Provides that nothing in this amendment shall: (1) provide grounds for the victim to challenge a charging decision or a conviction, to obtain a stay of trial, or to compel a new trial or for the accused or convicted offender to obtain any form of relief; or (2) give rise to a claim for damages against the United States, a State, a political subdivision, or a public official. Grants power to the Congress and the States to enforce this amendment within their respective jurisdictions by appropriate legislation, including the power to enact exceptions when required for compelling reasons of public safety or for judicial efficiency in mass victim cases.
United States · United States Congress · 21 January 1997
Paycheck Protection Act - Amends the Federal Election Campaign Act to make it unlawful, except with the separate, prior, written, voluntary authorization of each individual, for: (1) national banks or corporations to collect or assess its stockholders or employees any dues, initiation fee, or other payment as a condition of employment if any part of such dues, fee, or payment will be used for political activities in which the national bank or corporation is engaged; and (2) labor organizations to collect from or assess its members or nonmembers any dues, fee, or other payment if any part of such dues, fee, or payment will be used for political activities. States that an authorization shall remain in effect until revoked and may be revoked at any time.
United States · United States Congress · 21 January 1997
National Missile Defense Act of 1997 - Directs the Secretary of Defense to develop for deployment a National Missile Defense (NMD) system which shall achieve operational capability by the end of 2003. Includes as system elements: (1) an interceptor system that optimizes defensive coverage of the United States; (2) fixed ground-based radar; (3) space-based sensors; and (4) battle management, command, control, and communications. Directs the Secretary to: (1) conduct an integrated systems test by the end of FY 1999; (2) use streamlined acquisition procedures; (3) develop a follow-on program that leverages off of, and that could augment, the NMD system to provide for a layered defense; and (4) report to the Congress on the plan for carrying out this Act, the appropriations required for FY 1998 through 2003, and the point at which activity would conflict with terms of the Anti-Ballistic Missile (ABM) Treaty. Urges the President, if necessary, to pursue high-level discussions with the Russian Federation to achieve an agreement to amend the ABM Treaty to allow deployment of the NMD system. Requires the President to present any such agreement to the Senate for its advice and consent. Requires the President and the Congress, if such an agreement is not achieved within one year, to consider the option of withdrawing the United States from the ABM Treaty.
United States · United States Congress · 21 January 1997
TABLE OF CONTENTS: Title I: Safe and Drug-Free Schools Initiative Subtitle A: Student Opportunity and Safety Subtitle B: Common Sense School Safety Title II: Amendments to the Elementary and Secondary Education Act of 1965 Title III: Tax Incentives for Higher Education Title IV: Funding for Part B of the Individuals With Disabilities Education Act Title V: Adult Education and Family Literacy Subtitle A: Adult Education Act Subtitle B: Demonstration Programs and Projects to Promote Literacy Subtitle C: National Commission on Literacy Safe and Affordable Schools Act of 1997 - Title I: Safe and Drug-Free Schools Initiative - Subtitle A: Student Opportunity and Safety - Student Opportunity and Safety Act - Authorizes appropriations for the grants program established under this subtitle and for program evaluation. (Sec. 115) Directs the Secretary of Education to make grants to eligible entities for 20 to 30 demonstration projects under which low-income parents receive education certificates for the costs of enrolling their eligible children in a choice school. Gives priority to eligible entities that: (1) are conducting a school choice program, involving public or private schools, on the date of enactment of this Act; and (2) operate a school choice program, involving public and private schools, that is authorized by Federal law. Requires 90 percent of such grants (85 percent the first year) to be used for providing education certificates to low-income parents to pay tuition, fees, allowable transportation costs, and costs of certain special programs, for their eligible children to attend a choice school. Allows the remainder to be used for administration of the demonstration project. Declares that such education certificates shall be considered as: (1) aid to parents, not to the choice school. States that such education certificates shall not be considered income to an eligible child or its parent for Federal, State, or local tax purposes, or for determining eligibility for any other Federal program. Subtitle B: Common Sense School Safety - Common Sense School Safety Act - Chapter I: Pupil Safety and Family Choice - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to allow students, who are program-eligible or who attend a program-eligible school, to switch schools if they have been victims of violent crimes in or on the grounds of their schools. Authorizes the local educational agency (LEA) to use program funds to pay certain supplementary costs for such students to attend any other public or private elementary school or secondary school, including a sectarian school, in that State, that is selected by the student's parent. (Sec. 151) Authorizes States, State educational agencies (SEAs), or LEAs to transfer any non-Federal public funds associated with the education of a student who is a victim of a violent criminal offense while in or on the grounds of a public elementary school or secondary school served by an LEA to another LEA or to a private elementary school or secondary school, including a sectarian school. Chapter II: Victim Assistance Programs - Amends the Victims of Crime Act of 1984 to authorize: (1) use of victim compensation program grant funds for compensation to students who are victims of school violence; and (2) grants for a demonstration project or for training and technical assistance services to a program that assists LEA programs designed to protect victims of and witnesses to incidents of school violence. Chapter III: Innovative Programs to Improve Unsafe Schools - Authorizes appropriations for the grants program established under this chapter. (Sec. 175) Authorizes the Secretary to award grants to States, SEAs, and LEAs for innovative programs to improve unsafe elementary schools or secondary schools. Gives priority to programs that: (1) provide parent and teacher notification of crimes or drug activity occurring at school; (2) provide for the suspension, delay, or restriction of driving privileges of persons under age 18 who have a conviction, an adjudication in a juvenile proceeding, or a finding in a school disciplinary proceeding, involving illegal drugs; (3) link local educational agencies with community-based mentoring programs; (4) include cooperative efforts between the Secretary and the Secretary of Defense to share the training and salary costs of former members of the Armed Forces who are hired as teachers and assigned to teach in public elementary schools and secondary schools, especially in communities adversely affected by the recent closing or substantial downsizing of a military base or facility; and (5) enhance school security measures. Chapter IV: Notification for Juvenile Justice and Law Enforcement Purposes - Directs the Secretary to prepare and distribute to SEAs and LEAs a notice regarding the extent of permissible disclosure of educational records under the General Education Provisions Act and related regulations. Title II: Amendments to the Elementary and Secondary Education Act of 1965 - State Education Flexibility Act - Amends ESEA to include under targeted uses of LEA innovative education assistance funds: (1) programs using scholarships or vouchers provided to a parent by an LEA that permit the parent to select the public or private, including sectarian, school that the parent's child will attend; (2) education reform projects that provide same gender schools, as long as comparable educational opportunities are offered for students of both sexes; and (3) education reform projects that reward teachers, administrators, and schools with cash bonuses and other incentives for significantly improving the academic performance of their students. Title III: Tax Incentives for Higher Education - Affordable College Act - Amends the Internal Revenue Code with respect to qualified State tuition programs to provide for Bob Dole Education Investment Accounts. Limits contributions to such an account to $1,000 in cash per calendar year for an account holder under age 18. Exempts such accounts from Federal income taxation, except the tax on the unrelated business income of charitable organizations. (Sec. 301) Prohibits the establishment of such an account for the benefit of more than one individual. Provides that, if at any time during a calendar year, two or more education investment accounts are maintained for the benefit of an individual, only the account first established shall be treated as a Bob Dole education investment account (except where more than one account exists solely by reason of a rollover contribution). (Sec. 302) Extends permanently the tax exclusion for educational assistance programs provided by employers. Allows such programs to include assistance for graduate education. (Sec. 303) Revises the tax treatment of qualified State tuition programs to exclude from gross income any distributions used for qualified higher educational expenses, including room and board. (Sec. 304) Allows a tax deduction for up to $2,500 per year of interest on education loans, with specified reductions for taxpayers whose adjusted gross income exceeds certain amounts. Allows such deduction whether or not the taxpayer itemizes other deductions. Requires specified tax returns from persons (including governmental units) which have received education loan interest in the course of trade or business from individuals. (Sec. 305) Excludes from gross income any payments received under a Federal work study program. Title IV: Funding for Part B of the Individuals With Disabilities Education Act - Amends the Individuals with Disabilities Education Act to extend the authorization of appropriations for Assistance for Education of All Children with Disabilities. Title V: Adult Education and Family Literacy - Subtitle A: Adult Education Act - Amends the Adult Education Act (AEA) to revise and consolidate AEA programs for adult education and family literacy, and to extend the authorization of appropriations for such programs. (Sec. 511) Revises requirements for Grants to Eligible Agencies, National Programs, and the National Institute for Literacy. Renames the National Institute Board the National Institute for Literacy Advisory Board. Directs the Secretary of Education to carry out a program of national leadership activities to enhance the quality of adult education and family literacy programs nationwide, including specified types of assistance, evaluation, and demonstration activities. (Sec. 512) Extends the authorization of appropriations for the functional literacy and life skills program for State and local prisoners. (Sec. 513) Revises specified provisions of the Refugee Education Assistance Act of 1980 and ESEA to conform to the amendments made to AEA. Subtitle B: Demonstration Programs and Projects to Promote Literacy - Amends ESEA title X (Programs of National Significance) to authorize the Secretary of Education to make grants to and contracts and cooperative agreements with SEAs, LEAs,, institutions of higher learning, and other public and private organizations to establish Demonstration Partnerships to Promote Literacy. Authorizes appropriations. Subtitle C: National Commission on Literacy - National Commission on Literacy - Establishes the National Commission on Literacy to review and report to the President and the Congress on the social and economic impact of illiteracy in the United States and any correlation between such impact and welfare costs, juvenile delinquency, special education, adult literacy programs, drug addiction, and underemployment. Authorizes appropriations.
United States · United States Congress · 21 January 1997
Constitutional Amendment - Requires a two-thirds vote of each House of the Congress in order to pass any bill levying a new tax or increasing the rate or base of any tax. Allows the Congress to waive that requirement during war or certain military conflict. Requires all votes under this Amendment to be by yeas and nays and the names of persons voting for and against to be entered in the Journal of each House.
United States · United States Congress · 21 January 1997
TABLE OF CONTENTS: Title I: Product Liability Reform Title II: Biomaterials Access Assurance Title III: Limitations on Applicability; Effective Date Product Liability Reform Act of 1997 - Title I: Product Liability Reform - Applies this Act to any product liability action in any State or Federal court on any theory for harm caused by a product, except for commercial loss actions. (Sec. 103) Imposes seller liability if the seller failed to exercise reasonable care, made an express warranty, or engaged in intentional wrongdoing. Declares that a failure to inspect is not a failure of reasonable care if there was no reasonable opportunity to inspect or if the inspection would not have revealed the aspect that caused the harm. Makes a seller liable as a manufacturer if the manufacturer is not subject to service or if the claimant would be unable to enforce a judgment. Makes certain persons engaged in the business of renting or leasing liable as a seller, but prohibits liability for the tortious act of another solely by reason of ownership. (Sec. 104) Makes it a complete defense if the claimant was under the influence of alcohol or a drug and was more than 50 percent responsible. (Sec. 105) Reduces damages by the percentage of harm attributable to misuse or alteration, except for actions involving an employer or co-employee if the employer or co-employee is, under State law, immune from claimant's action. (Sec. 106) Limits the time within which a product liability action must be started, with a separate limit for durable goods other than motor vehicles, vessels, aircraft, or trains used primarily to transport passengers for hire. (Sec. 107) Allows a claimant or defendant in a product liability action to offer to proceed with voluntary, nonbinding alternative dispute resolution. (Sec. 108) Allows punitive damages, as permitted by State law, if the claimant shows by clear and convincing evidence that the defendant's conduct, carried out with a conscious, flagrant indifference to the rights or safety of others, was the proximate cause of the harm. Regulates punitive damage amounts. (Sec. 110) Permits several and prohibits joint liability for noneconomic loss, allocating liability in direct proportion to the percentage of responsibility. (Sec. 111) Grants an insurer a right of subrogation whether or not the insurer is a party. Prohibits an employee from making settlements or accepting payments without the consent of the employer. Requires, if the manufacturer or seller alleges the harm was the fault of the claimant's employer or coemployee, that the issue be submitted to the trier of fact. Reduces damages if it is found by clear and convincing evidence that the harm was so caused, but requires the manufacturer or seller to reimburse the insurer for attorney's fees and costs if it is not so found. Title II: Biomaterials Access Assurance - Biomaterials Access Assurance Act of 1997 - Applies this title, subject to exception, to any civil action in Federal or State court against a manufacturer, seller, or biomaterials supplier, on any legal theory, for harm allegedly caused by an implant. (Sec. 205) Declares that a biomaterials supplier shall not be liable for harm caused by an implant unless the supplier: (1) is a manufacturer; (2) is a seller; and (3) furnishes materials or parts that fail to meet contractual requirements or specifications. Sets forth the circumstances in which a supplier may be considered a manufacturer and the circumstances in which a supplier may be considered a seller. Allows a supplier, to the extent required and permitted by other law, to be liable if the claimant shows, by a preponderance of the evidence, violation of contractual requirements or specifications. (Sec. 206) Sets forth procedures relating to motions by a supplier to dismiss actions that are subject to this title. Title III: Limitations on Applicability; Effective Date - Makes any circuit court of appeals decision interpreting this Act a precedent for any Federal or State court within that court's geographic jurisdiction. Declares that U.S. district courts shall not have jurisdiction under this Act based on provisions of the U.S. Code relating to Federal questions, commerce and antitrust, and amounts in controversy.
United States · United States Congress · 21 January 1997
Constitutional Amendment - Prohibits outlays for a fiscal year (except those for repayment of debt principal) from exceeding total receipts (except those derived from borrowing) for that fiscal year unless the Congress, by a three-fifths roll call vote of each House, authorizes a specific excess of outlays over receipts. Requires a three-fifths roll call vote of each House to increase the public debt. Directs the President to submit a balanced budget to the Congress. Requires the approval of a majority of each House by roll call vote before any bill to increase revenue may become law. Authorizes the Congress to waive these provisions when: (1) a declaration of war is in effect; or (2) the United States is engaged in a military conflict which poses a threat to national security as declared by a joint resolution adopted by a majority of each House. Makes this article effective beginning with FY 2002 or with the second fiscal year beginning after its ratification, whichever is later.
United States · United States Congress · 21 January 1997
TABLE OF CONTENTS: Title I: Transfer of Alien Prisoners Title II: Exclusionary Rule Reform Subtitle A: Exclusionary Rule Reform Subtitle B: Confession Reform Title III: Violent Crime, Drugs, and Terrorism Subtitle A: Criminal Penalties and Procedures Subtitle B: International Terrorism Subtitle C: Commissions and Studies Title IV: Community Protection Subtitle A: Law Enforcement Assistance Subtitle B: Citizens' Assistance Title V: Criminal Procedure Improvements Subtitle A: Equal Protection for Victims Subtitle B: Firearms Subtitle C: Federal Death Penalty Title VI: Increased Penalties for Trafficking and Manufacture of Methamphetamine and Precursors Title VII: Combating Violence Against Women and Children Subtitle A: General Reforms Subtitle B: Domestic Violence Title VIII: Violent Crime and Terrorism Subtitle A: Violent Crime and Terrorism Subtitle B: Courts and Sentencing Subtitle C: White Collar Crime Subtitle D: Miscellaneous Provisions Title IX: Prison Reform Subtitle A: Prison Litigation Reform Subtitle B: Federal Prisons Title X: Miscellaneous Provisions Title XI: Violent and Repeat Juvenile Offenders Subtitle A: Juvenile Justice Reform Subtitle B: Juvenile Gangs Subtitle C: Juvenile Crime Control and Accountability Omnibus Crime Control Act of 1997 - Title I: Transfer of Alien Prisoners - Transfer of Alien Prisoners Act of 1997 - Directs the Attorney General to begin transferring undocumented aliens who are incarcerated in the United States and whose convictions have become final to the custody of the government of the alien's country of nationality for service of the duration of the alien's sentence in that country, except for aliens who are nationals of a foreign country that the Secretary of State (Secretary) has determined has repeatedly provided support for acts of international terrorism. (Sec. 103) Directs the Secretary to: (1) renegotiate all treaties requiring the consent of such an alien to such a transfer; and (2) withdraw the United States as a party to any such treaty requiring such consent if the Secretary is unable to negotiate a new treaty that would go into effect by December 31, 1998. Specifies that the consent of an alien covered by this title shall not be required before such alien may be designated for transfer or before such alien may be transferred to the country of nationality of that alien. (Sec. 104) Directs the President, by March 1 of each year, to submit to the Congress: (1) a certification as to whether each foreign country has accepted, and has confined for the duration of their sentences, such persons; and (2) a report describing the operation of the provisions of this title, particularly with regard to the ten countries having the greatest number of their nationals incarcerated in the United States. (Sec. 107) Provides for the withholding of bilateral assistance, opposition to multilateral development assistance, and withholding of visas with respect to countries refusing to accept at least 75 percent of such nationals designated for transfer or to confine such persons for at least 85 percent of their sentences, with exceptions. Sets forth provisions regarding certification procedures, waivers, congressional review, and denial of assistance for countries decertified. (Sec. 108) Directs: (1) the Secretary to begin to negotiate and renegotiate bilateral prisoner transfer treaties; and (2) the President to submit to Congress an annual certification as to whether each such treaty in force is effective. Title II: Exclusionary Rule Reform - Subtitle A: Exclusionary Rule Reform - Exclusionary Rule Reform Act of 1997 - Amends the Federal criminal code (the code) to bar the exclusion of evidence obtained as a result of a search or seizure carried out under circumstances justifying an objectively reasonable belief that the search or seizure was in conformity with the Fourth Amendment. Specifies that the fact that evidence was obtained pursuant to and within the scope of a warrant constitutes prima facie evidence of the existence of such circumstances. Prohibits the exclusion of evidence on the ground that it was obtained in violation of a statute, administrative rule or regulation, or rule of procedure unless the exclusion is expressly authorized by statute or by a rule prescribed by the Supreme Court pursuant to statutory authority. Provides that evidence which is otherwise excludable under such provision shall not be excludable where the search and seizure was carried out in circumstances justifying an objectively reasonable belief that it was in conformity with the pertinent statute, administrative rule or regulation, or rule of procedure. Subtitle B: Confession Reform - Amends the code to direct the Attorney General to require the Department of Justice (DOJ) to enforce, and defend nationally, the legality of confession reform provisions and, specifically, to pursue the admission into evidence of confessions that are voluntarily given. Provides that, in determining the issue of voluntariness: (1) DOJ shall consider all the circumstances surrounding the confession; (2) the presence or absence of any of certain listed factors shall not be conclusive; and (3) the fact that the defendant had not been advised, prior to questioning, of his or her right to silence and to the assistance of counsel shall not be dispositive. Title III: Violent Crime, Drugs, and Terrorism - Drug Investigation Support and Antiterrorism Act of 1997 - Subtitle A: Criminal Penalties and Procedures - Amends the code to: (1) make it a Federal offense to murder a person during and in relation to any international Olympic Games held in the United States; and (2) include among "internationally protected persons" any participant or guest attending any international sporting event sponsored and sanctioned by the International or United States Olympic Committee. (Sec. 312) Directs the Attorney General to supervise other Federal authorities and personnel in the provision of security services (including conducting a comprehensive review of plans for the housing of athletes and other eligible guests) by establishing an Olympic Security Task Force. Sets forth provisions regarding task force composition, requests for assistance, agreements and regulations, and expedited review of housing arrangements. (Sec. 313) Amends: (1) the Antiterrorism and Effective Death Penalty Act of 1996 (Antiterrorism Act) to include within provisions regarding malicious destruction by fire or explosives specified activities against any institution or organization receiving Federal financial assistance; and (2) related provisions under the code to cover such activities at public places. (Sec. 314) Makes it a Federal offense to knowingly develop, produce, acquire, stockpile, retain, transfer, own or possess any chemical weapon without lawful authority. Sets forth provisions regarding jurisdiction, payment to the United States of incidental expenses incident to seizure or destruction, criminal forfeiture, warrants for seizure, forfeiture orders, execution of such orders, disposition of seized property, authority of the Attorney General, bars on intervention, jurisdiction to enter orders, depositions, third party interests, and substitute assets. Subtitle B: International Terrorism - Urges the President to commence diplomatic efforts to establish a multilateral sanctions regime against each country that the Secretary determines to have repeatedly provided support for acts of international terrorism. Directs the President to include in the annual report on patterns of global terrorism a description of the extent to which such efforts have been carried out, the degree of their success, and a plan of action for inducing each such country to cease support for acts of international terrorism. (Sec. 322) Amends the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 to require the annual country reports on terrorism to include with respect to each foreign country from which the U.S. Government has sought cooperation during the preceding five-year period in the investigation or prosecution of an act of international terrorism against U.S. citizens or interests, information on the extent to which the government of such country is cooperating with the U.S. Government in apprehending, convicting, and punishing each individual responsible and in preventing further acts of terrorism against U.S. citizens in the foreign country. (Sec. 323) Directs the Secretary to submit to specified congressional leaders annual classified and unclassified reports on international terrorism, including a detailed assessment of the efforts of individual countries to take effective action against countries determined to have repeatedly supported acts of international terrorism. (Sec. 324) Amends the State Department Basic Authorities Act of 1956 to replace the current Department of State rewards program with one under which the Secretary may pay a reward to any individual who furnishes information leading to: (1) the arrest or conviction in any country of any individual for the commission of an act of international terrorism against a person or property, for conspiring or attempting to commit such act, for specified narcotics-related offenses, or for aiding or abetting the commission of such acts; or (2) the prevention, frustration, or favorable resolution of such acts. Sets forth provisions regarding coordination with DOJ. Authorizes appropriations. Sets limitations on rewards. Makes an officer or employee of a governmental entity who, while performing official duties, furnishes such information ineligible for a reward under this section. Sets forth reporting requirements. Excludes from judicial review determinations by the Secretary regarding whether to authorize, or the amount of, a reward. Urges the Secretary to pursue additional means of funding the program. Subtitle C: Commissions and Studies - Establishes the National Commission on Terrorism. Title IV: Community Protection - Community Protection Initiative of 1997 - Subtitle A: Law Enforcement Assistance - Amends the code to exempt qualified current and former law enforcement officers from State laws prohibiting the carrying of concealed firearms. Subtitle B: Citizens' Assistance - Citizens' Assistance Act of 1997 - Grants congressional consent to States to enter into compacts or agreements for cooperative effort in enabling individuals to carry concealed firearms. (Sec. 423) Amends: (1) the Omnibus Crime Control and Safe Streets Act of 1968 (Safe Streets Act) to authorize State and local use of drug control and system improvement grant funds to train members of the public in the safe possession, ownership, handling, carrying, and use of firearms, subject to specified restrictions on the collection and use of data about any program participant; and (2) the Brady Handgun Violence Prevention Act to allow the sale, delivery, or transfer of a handgun to a person protected under a court order regarding harassment, stalking, threatening, or related conduct with respect to an intimate partner or such partner's child. Title V: Criminal Procedure Improvements - Subtitle A: Equal Protection for Victims - Amends: (1) rule 24 of the Federal Rules of Criminal Procedure (FRCP) to provide for six peremptory challenges by each side and rule 23 to allow six-member juries under specified circumstances; and (2) rule 404 of the Federal Rules of Evidence (FRE) to permit rebuttal of attacks on the victim's character. (Sec. 504) Amends the code to repeal a requirement that notice of release of prisoners be used only for law enforcement purposes. (Sec. 505) Amends the Federal judicial code regarding the balance in the composition of rules committees. Subtitle B: Firearms - Imposes the following minimum penalties: (1) five years for using or carrying a firearm during the commission of a Federal crime of violence or drug trafficking crime; (2) ten years if the firearm is discharged; and (3) life imprisonment or punishment by death if the death of a person results. (Sec. 522) Provides mandatory penalties of ten or twenty years' imprisonment, respectively, for firearms possession by persons with one or two prior convictions for violent felonies or serious drug offenses. (Sec. 523) Makes specified mandatory penalties applicable when firearms are used in connection with counterfeiting or forgery offenses. (Sec. 524) Prohibits possession of an explosive during the commission of a felony. (Sec. 525) Doubles the penalty for a second offense of using an explosive to commit a felony. (Sec. 526) Amends: (1) the Controlled Substances Import and Export Act (CSIEA) to require the court to sentence a person convicted of specified acts of international drug trafficking (importation offense) consisting of bringing into the United States a mixture or substance equal to 100 usual dosage amounts of such mixture or substance, to life imprisonment without possibility of release (or death, for repeat violations); and (2) the code to make a second or subsequent importation offense consisting of bringing a controlled substance into the United States an aggravating factor in determining whether a death sentence is justified. Subtitle C: Federal Death Penalty - Revises Federal death penalty standards and procedures, including by requiring the jury (or the court, as applicable) in determining whether a death sentence is justified, to consider and determine (as an aggravating factor) whether the defendant: (1) used or possessed a firearm during and in relation to the commission of the offense or in escaping or attempting to escape apprehension; or (2) has previously been convicted of a Federal or State offense punishable by a term of imprisonment of more than one year involving the use of a firearm against another person. Requires the defendant to give notice of mitigating factors that will be relied upon in a capital sentencing hearing. Permits the information presented by the Government in support of factors concerning the effect of the offense on the victim and the victim's family to include oral testimony, a victim impact statement, and any other relevant information. Directs the jury to recommend a sentence of death if it unanimously finds at least one aggravating factor and no mitigating factor, or if it finds one or more aggravating factors that outweigh any mitigating factors. Repeals Controlled Substances Act (CSA) provisions establishing death penalty procedures specifically for persons convicted of engaging in a continuing criminal enterprise where the Government seeks the death penalty. Amends the code to include death during commission of another crime as an aggravating factor for homicide. Adds many other such aggravating factors, such as that the victim of a capital offense was pregnant, handicapped, or a custodial parent of a child under age 18. (Sec. 542) Includes murder of a witness as an aggravating factor to be considered in determining whether a death sentence is justified. (Sec. 543) Provides for imposition of the death penalty for murders committed in the District of Columbia. Title VI: Increased Penalties for Trafficking and Manufacture of Methamphetamine and Precursors - Amends the CSA and CSIEA to decrease the quantities of methamphetamine necessary to trigger specified trafficking penalties. (Sec. 602) Amends the code, the Federal judicial code, and FRCP 35 to authorize a reduction of sentence for providing substantial assistance in an investigation of any offense. (Sec. 603) Revises death penalty provisions under the code pursuant to regulations to be promulgated by the Attorney General. Directs a U.S. marshal charged with supervising the implementation of a death sentence to use appropriate Federal facilities for that purpose. (Sec. 604) Limits the term of office of the Administrator of the Drug Enforcement Agency to a single ten-year period, with an exception. (Sec. 605) Makes serious juvenile drug offenses predicate offenses under the Armed Career Criminal Act. (Sec. 606) Amends the CSA to set mandatory minimum prison sentences for persons who use minors in drug trafficking activities or who sell drugs to minors. Increases penalties for committing drug offenses in drug-free zones. (Sec. 607) Amends the CSA and CSIEA to increases penalties for trafficking in listed chemicals. Title VII: Combating Violence Against Women and Children - Subtitle A: General Reforms - Makes religious organizations eligible to participate in any grant program authorized pursuant to the Violence Against Women Act of 1994 (VAWA) which allow for the participation of nongovernmental entities, programs, or agencies, or private organizations. Prohibits Federal or State governmental agencies receiving funds under any such program from discriminating against an organization on the basis that such organization has a religious character. (Sec. 702) Authorizes appropriations for FY 1999 under: (1) the Safe Streets Act for domestic violence arrest grants; (2) the VAWA for rural domestic violence and child abuse enforcement assistance; and (3) the Runaway and Homeless Youth Act for runaway, homeless, and street youth assistance grants. Subtitle B: Domestic Violence - Amends the code to authorize the death penalty for fatal interstate domestic violence offenses and fatal interstate violations of protective orders. (Sec. 713) Amends FRE 404 to allow the admission of evidence of the defendant's disposition toward the victim in domestic violence and other cases. (Sec. 714) Amends the code to provide for testing for the human immunodeficiency virus (HIV) in sexual assault cases. Directs the United States Sentencing Commission (the Commission) to amend the Federal sentencing guidelines to enhance the sentence in such cases where the offender knew he or she was infected, except if the offender did not engage or attempt to engage in conduct creating a risk of transmission of the virus to the victim. Amends Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) provisions regarding payment of the cost of testing for sexually transmitted diseases to authorize the Government to obtain an order requiring that the defendant be tested for the presence of the etiologic agent for acquired immune deficiency syndrome (AIDS). Title VIII: Violent Crime and Terrorism - Subtitle A: Violent Crime and Terrorism - Amends the Antiterrorism Act to apply enhanced penalties for the use of explosives or arson crimes to damage or destroy the property of any institution or organization receiving Federal financial assistance. Redefines: (1) "biological agent" to include bacteria, fungi, rickettsiae, protozoa, or any synthesized component of any microorganism or infectious substance; and (2) "toxin" to include the toxic product of plants, animals, microorganisms, or a synthesized molecule. (Sec. 802) Includes within the scope of the kidnapping offense abductions when an individual travels in interstate or foreign commerce, or when the mail or a facility in interstate or foreign commerce is used, in furtherance of the offense. (Sec. 803) Expands provisions regarding violent crimes in aid of racketeering activity to cover all violent crimes in aid of racketeering activity and to increase penalties for specified attempt and conspiracy offenses. (Sec. 804) Amends: (1) the Brady Handgun Violence Prevention Act to provide that a person who conspires to commit an offense under the Act shall be subject to the same penalties (including the death penalty) as prescribed for the offense; and (2) the Antiterrorism Act to provide for the death penalty for conspiracies involving explosives. (Sec. 805) Includes as a "serious drug offense" (and a predicate offense under the Armed Career Criminal Act) an offense under State law which would have been punishable by a maximum term of at least ten years' imprisonment; (1) if it had been prosecuted as a CSA violation at the time of the offense; and (2) because of the type and quantity of the controlled substance involved. (Sec. 806) Increases penalties for violence in the course of a riot. (Sec. 807) Eliminates as a requirement for carjacking that the offense be committed with intent to cause death or serious bodily harm. (Sec. 808) Sets penalties for: (1) criminal offenses committed by persons formerly serving with, presently employed by, or accompanying the armed forces outside the United States; (2) the use of interstate commerce facilities in the commission of felony crimes of violence for hire; and (3) specified felony offenses directed at buildings or property in Indian country. (Sec. 810) Enhances penalties for offenses resulting in death involving assault on mail delivery people, robberies and burglaries involving controlled substances, interstate domestic violence, animal enterprise terrorism, and racketeering. Subtitle B: Courts and Sentencing - Amends the code, the Federal judicial code, and FRCP 35 to authorize a reduction of sentence for providing useful investigative information although not regarding a particular individual. (Sec. 822) Amends the code to: (1) allow appeals by the United States in a criminal case to lie to a court of appeals under specified circumstances as to any part of any count; and (2) repeal a requirement that the U.S. attorney certify to the district court that the appeal is not taken for purpose of delay and that the evidence is substantial proof of a fact material in the proceeding. (Sec. 824) Amends: (1) VCCLEA to direct the Commission to promulgate, or amend existing, guidelines to provide sentencing enhancements of not less than three offense levels for offenses that the court at sentencing (currently, the finder of fact at trial) determines beyond a reasonable doubt are hate crimes; and (2) the code to authorize the court to impose a sentence of probation or supervised release with or without conditions when reducing a sentence of imprisonment in certain cases. Subtitle C: White Collar Crime - Sets penalties for larceny involving post office boxes and postal stamp vending machines. (Sec. 843) Makes provisions regarding transportation of stolen vehicles, and sale or receipt of stolen vehicles, applicable to vessels (certain watercraft). (Sec. 844) Defines "subpoena for records," for purposes of provisions regarding obstruction of criminal investigations, to include a Federal grand jury subpoena for customer records that has been served relating to a violation of, or a conspiracy to violate, the CSA, CSIEA, or certain Internal Revenue Code (IRC) provisions. (Sec. 845) Authorizes the Attorney General to commence a civil action in Federal court to enjoin counterfeiting and forgery violations. Directs that a permanent or temporary injunction or restraining order be granted without bond. Requires the court to proceed as soon as practicable to the hearing and determination of such an action and authorizes the court, at any time before final determination, to enter such a restraining order or prohibition or to take such other action as is warranted. Specifies that a proceeding under this section is governed by the Federal Rules of Civil Procedure, except that, if an indictment has been returned against the respondent, discovery is governed by the FRCP. Subtitle D: Miscellaneous Provisions - Increases penalties for violations of the Racketeer Influenced and Corrupt Organizations Act (RICO). (Sec. 862) Makes the prohibition on the use as evidence of intercepted wire or oral communications inapplicable to the disclosure by the United States, a State, or political subdivision in a criminal trial or hearing or before a grand jury of the contents of a wire or oral communication, or evidence derived therefrom, the interception of which was in violation of provisions relating to certain interceptions not involving governmental misconduct. (Sec. 863) Amends provisions concerning violations of, or crimes committed while on, probation or parole to violations of, or crimes committed while on, supervised release. (Sec. 864) Includes providing material support to designated foreign terrorist organizations as a predicate offense under money laundering provisions. (Sec. 866) Defines "financial institution" to cover foreign bank branches in a commonwealth, territory, or possession of the United States. Title IX: Prison Reform - Subtitle A: Prison Litigation Reform - Renames the Prison Litigation Reform Act (PLRA) of 1995 (title VIII of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (OCRAA)) as the PLRA of 1996. (Sec. 902) Amends OCRAA provisions with respect to prison conditions to prohibit the court from ordering any prospective relief that requires or permits a government official to exceed his or her authority under State or local law or that otherwise violates State or local law, unless Federal law requires (currently, permits) such relief to be ordered in violation of State or local law and other specified conditions are met. Sets forth provisions regarding orders refusing to impose a stay and court intervention. (Sec. 903) Amends the Civil Rights of Institutionalized Persons Act to provide that no civil action shall be brought regarding prison conditions until the plaintiff has exhausted administrative remedies. Limits recovery of attorney's fees except to the extent that such fees were directly and reasonably incurred in: (1) proving an actual violation of the plaintiff's Federal rights; (2) successfully obtaining contempt sanctions for a violation of previously ordered prospective relief that meets specified standards, if the plaintiff made a good faith effort to resolve the matter without court action; or (3) successfully obtained court ordered enforcement of previously ordered prospective relief that meets such standards, if the enforcement order was necessary to prevent an imminent risk of serious bodily injury to the plaintiff and the plaintiff made a good faith attempt to resolve the matter without court action. Requires the amount of the fee to be proportionately related to the court ordered relief for the violation. Specifies that: (1) if a monetary judgment is the sole or principal relief awarded, the award of attorney's fees shall not exceed 100 percent of the judgment; and (2) no award of attorney's fees shall be based on an hourly rate greater than 150 percent of the hourly rate established for payment of court-appointed counsel or $100 per hour, whichever is less. Authorizes a defendant to waive the right to respond to any complaint in any civil action arising under Federal law brought by a prisoner. Specifies that such waiver shall not waive any affirmative defense available to the defendant and that no relief shall be granted to the plaintiff unless a response has been filed. Authorizes the court to direct any defendant to file a response. (Sec. 904) Amends Federal judicial code provisions regarding proceedings in forma pauperis to require the court to assess and, when funds exist, collect, as a partial payment of any court fees required by law, an initial partial filing fee of 20 percent of the greater of the average monthly deposits to the prisoner's account or the average of the highest monthly balance recorded for the prisoner's account for each of the six months immediately preceding the filing of the complaint or notice of appeal. Directs the agency having custody of the prisoner to forward certain deducted payments to clerk of the court either upon deduction or on a monthly basis, accompanied by appropriate documentation. Authorizes the agency, if the judgment for costs is held by the agency or the agency's employees having custody of the prisoner, to withdraw 20 percent of each deposit to the prisoner's account and apply that amount to payment of the judgment until the judgment is paid in full. (Sec. 905) Authorizes the court, in any civil action brought in Federal court by a prisoner other than a prisoner confined in a Federal correctional facility, to make a finding whether: (1) the claim was filed for a malicious purpose or to harass the party against which it was filed; or (2) the claimant testified falsely or otherwise knowingly presented false evidence or information to the court. Permits the court, upon making such affirmative finding, to: (1) revoke good time credit or the institutional equivalent accrued to the prisoner; or (2) consider such finding in release determinations. (Sec. 906) Amends the PLRA to provide that any damages (currently, any compensatory damages) awarded to a prisoner in connection with a civil action brought against any Federal, State, or local jail, prison, or correctional facility shall be paid directly to satisfy any outstanding restitution orders pending against the prisoner. Repeals a requirement that the remainder of any such award be forwarded to the prisoner. (Sec. 907) Amends the PLRA to authorize the court, in any civil action brought by a person convicted of a crime and confined in a Federal correctional facility, to make a finding whether: (1) the claim was filed for a malicious purpose or to harass the party against which it was filed; or (2) the claimant testified falsely or otherwise knowingly presented false evidence or information to the court. Directs the Bureau, if the court makes such affirmative finding, to revoke unvested good time credit or the institutional equivalent accrued to the prisoner. (Sec. 908) Specifies that: (1) credit that has not been earned may not later be granted and credit that has been revoked (under section 907) may not later be reinstated; and (2) credit awarded may be revoked by the Bureau for noncompliance with institutional disciplinary regulations at any time before vesting. Subtitle B: Federal Prisons - Creates an exemption from wiretapping provisions for: (1) interception by a law enforcement officer of any wire, oral, or electronic communication if at least one of the parties to the communication is an inmate or detainee in the custody of the Attorney General of the United States or is in the custody of a State or political subdivision thereof; or (2) the use of a pen register, trap and trace device, or clone pager if the facility is regularly used by such an inmate or detainee. Directs the Attorney General to promulgate regulations governing such interceptions to protect communications protected by the attorney-client privilege and the right to counsel guaranteed by the sixth amendment. (Sec. 912) Requires the Bureau (with exceptions) to ensure that no prisoner or detainee under its jurisdiction: (1) engages in any physical activity designed to increase or enhance fighting ability or to increase physical strength; and (2) is permitted access to certain television or movie viewing, sexually explicit printed material, or bodybuilding or weightlifting equipment; (3) is permitted possession of any in-cell coffee pot, hot plate, or other heating element; or (4) is permitted use or possession of electric or electronic musical equipment. Requires the Director to ensure that each convicted inmate in the custody of the Attorney General and confined in a Federal prison, correctional facility, jail, or other facility shall be engaged in work. Sets forth provisions regarding determination of type of work, excuse from such requirement, and lack of compensation. (Sec. 913) Directs the Bureau to make available appropriate substance abuse treatment for each prison the Bureau determines has a treatable drug abuse problem, with priority to younger offenders and those who would benefit most from the treatment. Repeals provisions regarding requirements for a phase-in of substance abuse treatment and regarding incentives for prisoners' successful completion of treatment. Title X: Miscellaneous Provisions - Expresses the sense of the Senate that: (1) the Office of National Drug Control Policy should be reauthorized for an additional five years; and (2) prior to any such reauthorization, the Senate Judiciary Committee should conduct an extensive review of the National Drug Control Strategy for 1997 submitted by President Clinton. (Sec. 1002) Directs the Secretary of Health and Human Services to require hospitals or health care service providers that receive Federal Medicare or Medicaid payments, as an additional certification requirement, to certify that none of their physicians or other health care professionals prescribes or recommends a schedule I substance to any person. Sets forth reporting requirements. Directs the Attorney General to revoke the DEA registration of any physician or provider who recommends or prescribes such a substance. (Sec. 1003) Directs the Federal Communications Commission to: (1) coordinate with the President's Commission on Alcohol and Drug Abuse Prevention to develop a comprehensive education and public service program targeting youth drug abuse; (2) encourage the priority use of public service resources dedicated to promoting youth drug abuse prevention and education; (3) contact and encourage the donation of greater public resources dedicated to youth drug abuse programs from specified organizations and industries, such as television, movies, the recording and advertising industries, business, and professional sports; and (4) encourage each of such organizations and industries to assist the implementation of new programs and national strategies for dissemination of information intended to prevent youth drug abuse. (Sec. 1004) Directs the Secretary to review all extradition treaties in force and, if necessary, to renegotiate all such treaties, to ensure that certain offenses involving the sexual exploitation and abuse of children are extraditable offenses. Sets forth provisions regarding tolling of the statute of limitations. (Sec. 1005) Amends the Economic Espionage Act of 1996 to require the Director of the Bureau of Justice Assistance, for FY 1997 through 2001, to make grants to the Boys and Girls Clubs of America (BGCA) to establish clubs facilities where needed, with particular emphasis on establishing clubs in public housing projects and distressed areas. Directs the Attorney General to accept and approve an application for such a grant submitted by BGCA if the application: (1) includes a long-term strategy to establish 1,000 additional clubs and a detailed summary of those areas in which new facilities will be established during the next fiscal year and a plan to insure that there are a total of not less than 2,000 BGCA facilities in operation before January 1, 2000; (2) certifies that there will be appropriate coordination with those communities where clubs will be located; and (3) explains the manner in which new facilities will operate without additional, direct Federal financial assistance. Earmarks specified funds to provide a grant to BGCA for administrative, travel, and other costs associated with a national role-model speaking tour program. (Sec. 1006) Increases penalties for cellular telephone interceptions. Title XI: Violent and Repeat Juvenile Offenders - Violent and Repeat Juvenile Offender Act of 1997 - Subtitle A: Juvenile Justice Reform - Repeals code provisions regarding surrender of juveniles to State authorities by Federal authorities. (Sec. 1112) Requires that a juvenile age 14 or older who is alleged to have committed an act that, if committed by an adult, would be a criminal offense, be tried as an adult at the discretion of the U.S. Attorney in the appropriate jurisdiction upon a finding, which shall not be subject to court review, that there is a substantial Federal interest in the case or the offense to warrant the exercise of Federal jurisdiction, if the juvenile is charged with a Federal offense that is a crime of violence or that involves a controlled substance for which the penalty is at least five years' imprisonment. Permits the U.S. Attorney, upon declining prosecution of the charged person as a juvenile, to refer the matter to the appropriate legal authorities of the State or Indian tribe. Directs that offenses tried in U.S. district court under this Act be open to the public, with exceptions (but makes the defendant's status as a juvenile, absent other factors, insufficient to close the proceeding). Grants the U.S. Attorney, in making determinations concerning juvenile prosecution, complete access to prior Federal juvenile records and, to the extent permitted by State law, prior State juvenile records. (Sec. 1113) Lowers the minimum age at which a defendant may be sentenced to death from age 18 to 16. (Sec. 1115) Subjects a juvenile tried as an adult to code provisions regarding detention, speedy trial, and restitution for adults. Specifies that no juvenile sentenced to a term of imprisonment shall be released from custody simply because the juvenile reaches age 18. (Sec. 1119) Authorizes the release of juvenile records to meet inquiries from any school or other educational institution to ensure public safety and security. (Sec. 1120) Requires the Director of the Bureau of Prisons to ensure that juveniles who are alleged or determined to be delinquent are not confined in any institution in which the juvenile has regular sustained physical contact with adult persons who are detained or confined. (Sec. 1121) Applies to juvenile defendants tried as adults provisions directing the Commission, under specified circumstances, to assure that the Federal sentencing guidelines specify a sentence to a term of imprisonment at or near the maximum term authorized. Subtitle B: Juvenile Gangs - Federal Gang Violence Act - Directs the Commission to amend the sentencing guidelines to provide an appropriate enhancement, increasing the offense level by not less than six levels, for any offense committed in connection with, or in furtherance of, the activities of a criminal street gang where the defendant was a member of such gang at the time of the offense. (Sec. 1143) Amends code provisions regarding criminal street gangs to: (1) delete the definition of "conviction"; (2) redefine "criminal street gang" to cover a group whose members have engaged during the previous five-year period in a pattern of criminal gang activity; and (3) define "pattern of criminal gang activity" to mean the commission of two or more predicate gang crimes in connection with the activities of a criminal street gang, on separate occasions, at least one of which crimes was committed after the date of this subtitle's enactment and the first of which was committed not more than five years before the commission of another predicate gang crime. Defines "predicate gang crime" as an offense, including an act of juvenile delinquency that, if committed by an adult, would be: (1) a Federal offense that is a crime of violence, that involves a controlled substance for which the penalty is at least five years' imprisonment, or that is a violation of other specified prohibitions under the code or under the Immigration and Nationality Act; (2) a State offense involving conduct that would constitute such an offense if Federal jurisdiction existed or had been exercised; or (3) a conspiracy, attempt, or solicitation to commit such offenses. Sets penalties for engaging in a pattern of criminal gang activity. (Sec. 1144) Amends the Travel Act to increase: (1) penalties for violations; and (2) the scope of unlawful activities under such Act. (Sec. 1145) Prohibits and sets penalties for soliciting or recruiting persons to participate in criminal street gang activity. (Sec. 1146) Makes: (1) crimes involving the recruitment of persons to participate in criminal street gangs, and acts or conspiracies to violate firearms laws, predicate offenses under RICO; and (2) serious juvenile drug offenses predicate offenses under the Armed Career Criminal Act. Increases penalties for firearms prohibitions, including by setting a three-year minimum term of imprisonment for transferring firearms to minors for use in crime. (Sec. 1148) Directs the Commission to amend the sentencing guidelines to provide an appropriate sentencing enhancement, increasing the offense level not less than two levels, for any crime in which the defendant used body armor. (Sec. 1149) Authorizes appropriations to hire Assistant U.S. Attorneys and attorneys in DOJ's criminal division to prosecute juvenile criminal street gangs. Subtitle C: Juvenile Crime Control and Accountability - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) to direct the Administrator of the Office of Juvenile Crime Control and Accountability (replacing the Office of Juvenile Justice and Delinquency Prevention) to develop objectives, priorities, and short- and long-term plans, and implement overall policy and a strategy to carry out such plan, for all Federal juvenile crime control and juvenile offender accountability programs and activities relating to improving juvenile crime control and enhancing accountability by offenders within the juvenile justice system. Sets forth provisions regarding plan contents, annual reviews of plans, duties of the Administrator, budget proposal development and submission, reporting, reprogramming, and recordkeeping requirements, utilization of information, services, and facilities of other agencies, coordination of functions, and annual juvenile delinquency development statements. Directs the Administrator to make grants to States to assist them in planning, establishing, operating, coordinating, and evaluating: (1) projects for the development of more effective investigation, prosecution, and punishment of crimes or acts of delinquency committed by juveniles; (2) programs to improve the administration of justice for and ensure accountability by juvenile offenders; and (3) programs to reduce the risk factors associated with juvenile crime or delinquency. Sets forth provisions regarding: (1) use of grant funds, eligibility requirements, distribution of sums by State offices to eligible applicants, applications to State offices, funding period, grant renewal, and special grants; and (2) allocation of grant amounts. Prohibits reallocation of sums due to the ineligibility or nonparticipation of any State. Limits the use of grant funds, including a prohibition against the use of such funds for: (1) biomedical or behavior control experimentation on individuals or research involving such experimentation; (2) construction, with exceptions; (3) job training; (4) specified lobbying activities; (5) and specified legal actions. Prohibits the Federal Government and States receiving funds from discriminating against religious organizations under specified circumstances. Sets penalties for violating prohibitions under this subtitle. Authorizes appropriations. Allocates funds. Requires States, to receive formula grants, to submit plans which meet specified requirements, such as designation of a State agency as the sole agency for supervising the preparation and administration of the plan, and providing for an analysis of juvenile crime problems and juvenile justice and delinquency prevention needs within the relevant jurisdiction. Sets forth provisions regarding approval of State plans by the State agency and by the Administrator, and reduction of allocations if a State fails to comply with requirements of this subtitle. (Sec. 1163) Amends the JJDPA to: (1) reauthorize appropriations for runaway and homeless youth and missing children programs; and (2) repeal provisions regarding incentive grants for local delinquency prevention programs. (Sec. 1167) Repeals: (1) specified provisions of titles III (Crime Prevention), V (Drug Courts), and XXVII (Presidential Summit on Violence and National Commission on Crime Prevention and Control) of VCCLEA; (2) the Safe and Drug-Free Schools and Communities Act of 1994; (3) the School Dropout Assistance Act; (4) specified provisions of the Public Health Service Act providing for grants to public and nonprofit private entities for projects to demonstrate effective models for the prevention, treatment, and rehabilitation of drug abuse and alcohol abuse among high risk youth; (5) specified programs under the Human Services Reauthorization Act and the Community Services Block Grants Act; and (6) specified provisions of Anti-Drug Abuse Act of 1988 concerning the drug abuse education and prevention program relating to youth gangs and the program for runaway and homeless youth. (Sec. 1168) Requires each State to reserve not more than 30 (currently, 15) percent of the amount of funds allocated in a fiscal year for counties and units of local government to construct, develop, expand, modify, or improve jails and other correctional facilities. (Sec. 1169) Requires that a surcharge of 40 percent of the principal amount of a civil monetary penalty be added to each monetary penalty assessed by the United States or any agency thereof at the time the penalty is assessed, except for penalties assessed under the IRC, to be used for Federal programs to combat youth violence.
United States · United States Congress · 27 September 1996
Jackie Robinson Commemorative Coin Act - Directs the Secretary of the Treasury to: (1) mint and issue one-dollar silver coins emblematic of Jackie Robinson in commemoration of the 50th anniversary of the breaking of the color barrier in major league baseball; and (2) distribute surcharge proceeds to the Jackie Robinson Foundation to enhance its education and youth leadership programs, and increase the availability of scholarships for economically disadvantaged youths. Prescribes conditions for payment of such surcharges, including a proscription against Foundation compensation to any agent or attorney for services rendered to support or influence legislative action of the Congress relating to the coins minted and issued under this Act.
United States · United States Congress · 30 July 1996
White House Accountability Act - Amends Federal law to provide for application of the following Federal laws to each component of the Executive Office of the President and the Office of the Vice President (the employing offices): (1) the Fair Labor Standards Act of 1938; (2) title VII of the Civil Rights Act of 1964; (3) the Americans with Disabilities Act of 1990; (4) the Age Discrimination in Employment Act of 1967; (5) the Family and Medical Leave Act of 1993; (6) the Occupational Safety and Health Act of 1970; (7) Federal law relating to Federal service labor-management relations; (8) the Employee Polygraph Protection Act of 1988; (9) the Worker Adjustment and Retraining Notification Act; (10) the Rehabilitation Act of 1973; and (11) Federal law relating to veterans' employment and reemployment. Outlines various specified remedies for violations under such laws as well as administrative and judicial dispute-resolution procedures for considering alleged violations. Establishes the White House Compliance Board as an independent establishment within the executive branch. (Sec. 3) Provides that each Federal law governing employment in the private sector that is enacted later than 12 months after this Act is enacted shall be deemed to apply to employing offices and covered employees unless such law specifically provides otherwise and expressly cites this Act. (Sec. 4) Amends the Government Employee Rights Act of 1991, as redesignated by the Congressional Accountability Act of 1995, to repeal rights, protections, and remedies with respect to employment of presidential appointees.
United States · United States Congress · 27 June 1996
Amends the Controlled Substances Import and Export Act to impose penalties upon any person who, in furtherance of the commission or attempted commission of a felony under Federal or State law, administers or causes to be administered to any person without his or her consent an imported controlled substance, including flunitrazepam. Directs the United States Attorney to coordinate the prosecution of any defendant charged with such an offense with State and local law enforcement agencies.
United States · United States Congress · 27 June 1996
Condemns the attacks of June 25, 1996, and November 13, 1995, in Saudi Arabia. Extends condolences to the families of all U.S. service personnel killed and wounded and to the Government and people of the Kingdom of Saudi Arabia. Honors such personnel for their sacrifice. Expresses gratitude to such Government and people for their heroic rescue efforts at the scene of the attack and their determination to find and punish those responsible. Reaffirms: (1) support for such Government and for continuing good relations; and (2) commitment to provide all necessary support for the men and women of our armed forces. Determines that such terror attacks present a clear threat to U.S. interests in the Persian Gulf. Calls upon the United States to: (1) continue to assist such Government in its efforts to identify those responsible for the attack; and (2) use all reasonable means available to punish the responsible parties.
United States · United States Congress · 19 June 1996
Church Arson Prevention Act of 1996 - Makes Federal criminal code prohibitions against, and penalties for, damaging religious property or obstructing any person's free exercise of religious beliefs applicable where: (1) the property is damaged because of its racial or ethnic character; and (2) the offense is in, or affects, interstate commerce. (Currently such provisions apply only where: (1) the property is damaged because of its religious character; (2) the defendant, in committing the offense, travels in interstate or foreign commerce or uses a facility or instrumentality of interstate or foreign commerce in interstate or foreign commerce; and (3) the loss exceeds $10,000.) Prohibits intentionally defacing, damaging, or destroying religious real property (or attempting to do so) because of the race, color, religious, or ethnic characteristics of any individual associated with such property. Increases penalties for violations of such provisions where bodily injury results or where such acts include the use, or attempted or threatened use, of a dangerous weapon, explosives, or fire. Includes within the definition of "religious property" fixtures or religious objects contained within a place of religious worship. Sets a seven-year statute of limitation for the prosecution, trial, or punishment of a person for any noncapital offense under such provisions. Authorizes the Secretary of Housing and Urban Development to use up to $5 million of the credit subsidy provided under the General and Special Risk Insurance Fund for guaranteed loans to financial institutions in connection with loans made to assist certain tax exempt religious or other organizations that have been damaged by arson or terrorism. Authorizes appropriations to the Departments of the Treasury and Justice, including the Community Relations Service, to increase personnel to investigate, prevent, and respond to potential violations of this Act and Federal explosives prohibitions. Reauthorizes the Hate Crimes Statistics Act. Commends those individuals and entities that have responded with funds to assist in the rebuilding of places of worship that have been victimized by arson. Encourages the private sector to continue such efforts.
United States · United States Congress · 18 June 1996
Condemns arson and other acts of desecration against churches and other houses of worship as being totally inconsistent with fundamental American values. Expresses the Senate's belief that investigation and prosecution of those who are responsible for fires at such entities, and especially any incidents of arson whose purpose is to divide communities or to intimidate any Americans, should be a high national priority.
United States · United States Congress · 10 June 1996
Church Arson Prevention Act of 1996 - Makes Federal criminal code prohibitions against, and penalties for, damaging religious property or obstructing any person's free exercise of religious beliefs applicable where: (1) the offense is in, or affects, interstate commerce; and (2) the loss exceeds $5,000. (Currently such provisions apply only where: (1) the defendant, in committing the offense, travels in interstate or foreign commerce or uses a facility or instrumentality of interstate or foreign commerce in interstate or foreign commerce; and (2) the loss exceeds $10,000.)
United States · United States Congress · 23 May 1996
Provides that, upon submission by the appropriate State agency of the application for certain waivers to conduct the proposed "Wisconsin Works" (welfare reform) demonstration project (to replace the Aid to Families with Dependent Children (AFDC) program) in Wisconsin, such application shall be deemed approved.
United States · United States Congress · 17 May 1996
Amends provisions of Federal law relating to the Civil Service Retirement System and the Federal Employees Retirement System to provide that a Member of Congress after he or she has completed 12 years of service in the Congress shall not: (1) have retirement deductions made from any pay or service performed as a Member; (2) have Government contributions made on his or her behalf; or (3) have any service performed as a Member taken into account for purposes of computing retirement pay (except in the case of a disability annuity). Provides that only service performed after the 104th Congress shall be taken into account with respect to the 12-year service requirement of this Act.
United States · United States Congress · 16 May 1996
Amends the Harmonized Tariff Schedule of the United States to authorize the substitution of certain types of fibers and yarns for use in the manufacture of carpets and rugs for purposes of the drawback (refund) of duties on such merchandise.
United States · United States Congress · 8 May 1996
United States Tourism Organization Act - Establishes: (1) the National Tourism Board to develop a national travel and tourism strategy for increasing U.S. tourism; and (2) the United States Tourism Organization as a non-Federal nonprofit organization to implement the national travel and tourism strategy developed by the Board. Requires the Secretary of State to cooperate with the Organization and place a high priority on implementing its recommendations. Amends the Export Enhancement Act of 1988 to require the Federal trade promotion plan of the Trade Promotion Coordinating Committee (TPCC) to reflect Board recommendations. Makes the Chairman of the Organization a member of the TPCC. Terminates the Organization and the Board if a plan for the long-term financing of the Organization has not been implemented two years after its incorporation.
United States · United States Congress · 7 May 1996
Interstate Stalking Punishment and Prevention Act of 1996 - Amends the Federal criminal code to prohibit and prescribe penalties for interstate stalking (i.e., traveling across a State line or within the special maritime and territorial jurisdiction of the United States with the intent to injure or harass another person and, in the course or as a result of such travel, placing that person in reasonable fear of death or serious bodily injury to that person or a member of that person's immediate family).
United States · United States Congress · 29 April 1996
Utility Consumer Service Improvement and Protection Act of 1996 - Amends Federal transportation law to exempt a utility service vehicle driver from motor carrier safety regulations regarding: (1) maximum driving and on-duty times applicable to commercial motor vehicle operators; (2) installation of automatic recording devices associated with such times; and (3) physical testing, reporting, or recordkeeping. Prohibits construction of such exemption to exempt such drivers from mechanical safety or licensing requirements.
United States · United States Congress · 25 April 1996
Increases the authorization of appropriations for the National Park Service to assist Georgia in relocating a highway affecting the Chickamauga and Chattanooga National Military Park.
United States · United States Congress · 22 April 1996
Constitutional Amendment - Grants victims of violent crimes the following rights: (1) to be informed of, and present at, every proceeding in which the rights to liberty, justice, and due process are extended to the accused or convicted offender; (2) to be heard at any proceeding involving sentencing and to object to a previously negotiated plea or a release from custody; (3) to be informed of any release or escape; (4) to a speedy trial, a final conclusion free from unreasonable delay, full restitution from the convicted offender, reasonable measures of protection from violence or intimidation by the accused or convicted offender; and (5) to notice of such rights. Grants the several States and the Congress the power to implement further this amendment by appropriate legislation.
![Official portrait of Sen. Coverdell, Paul [R-GA]](https://www.congress.gov/img/member/c000813_200.jpg)